IN06 THE POWER OF ARREST

Question 1

What 2 things must be present for an arrest to be lawful?

Answer 1

warrant for the arrest

statutory power

Question 2

What is the arrest statement?

Answer 2

• “You are under arrest.”
• formally touching the body
• OR agreement from the person

Question 3

Section 316
Crimes Act
1961

Answer 3

Must be informed of the reason fo arrest

Question 4

Section 23
New Zealand
Bill of Rights
Act 1990

Answer 4

Rights of person arrested of detained

given their Rights Caution immediately

Question 5

What is the Children,
Young Persons,
and Their
Families Act
1989 ?

Answer 5

obligation to
• considerations of impact before arrest
• additional rights to be given when arresting

Question 6

The two arrest powers most often used by police?

Answer 6

section 315 of the Crimes Act 1961, or

section 39 of Summary Offences Act 1981.

Question 7

CA 315(2)(a) arrest powers

Answer 7

Anyone FOUND

Disturbing public
peace
OR
committing 
offence
Punishable by
imprisonment

Can be arrested

Question 8

CA 315(2)(b) arrest powers

Answer 8

GOOD
CAUSE TO
SUSPECT

committed a breach
of the peace
OR
any offence
Punishable by
imprisonment

Can be arrested

Question 9

SOA 39(1) arrest powers

Answer 9

HE HAS GOOD
CAUSE TO
SUSPECT

Of having
committed an
offence against this
Act

Can be arrested

Question 10

SO 39(2)

Answer 10

WITHIN HIS VIEW

offence against
Sections 17-20, 25,
32-38 SOA

fails to give
name and address or
gives false details.

Arrest for the
offence seen

Question 11

How long can you hold someone to preserve the peace?

Answer 11

2 hours unless they are being charged with a specific offence